Participants in a forum on the Right to Information Bill (RTI) are calling for a review of the clause in the bill that exempts information from the Presidency before the bill is passed into law.

They observed that even though there was sustained pressure for the much-awaited bill to be passed into law, the exemptions to information from the seat of government ought to be dealt with because it could make the law impotent. Clause Five of the RTI bill, which is currently in the consideration stage in Parliament, states that information is exempt if prepared for the submission or submitted to the Offices of the President and the Vice-President.

Some ministries such as Monitoring and Evaluation, Business Development, Regional Re-organisation, Zongo and Inner City Development are under the Office of the President, which means that they will be covered by the exemptions.

However, speakers at a public dialogue on the bill organised in Accra yesterday (June 18) said exempting the Presidency from the RTI regime would mean that citizens would be denied vital information.

Dialogue

The dialogue session was organised by the RTI Coalition in collaboration with the Commonwealth Human Rights Initiative (CHRI) and STAR-Ghana. Major stakeholders such as Members of Parliament (MPs), officials from the Commission on Human Rights and Administrative Justice (CHRAJ), governance experts, lawyers, and the media were present at the dialogue session which sought to critically peruse the RTI document and make key inputs before it was passed into law.

Don’t exempt Presidency

Taking his turn at the event, the Commissioner of CHRAJ, Mr Joseph Whittal, said the exemptions on information at the Presidency, under the guise of protecting vital state issues, would make the law a paralysed one. "There is this argument that we need to protect vital state institutions, especially the Presidency and Cabinet in the RTI but what is the essence of leadership if citizens cannot get information from these key areas. “It is not everything at the Presidency that should be untouched so we need to look at the bill again and make room for some level of disclosure there," he said.

He observed that access to relevant information in an RTI regime was critical to national development for which reason all forms of charges on citizens who sought information from institutions ought to be done away with. Mr Whittal strongly asked for provisions to be made in the RTI bill for persons with disability (PWD) to have access to information in suitable forms.

Decentralise RTI

The Dean of Graduate Studies and Research at the Institute of Local Government Studies, Dr Eric Oduro Osae, advocated for the RTI regime to be decentralised if any desired impact was to be made.

He stressed that the bill in its current state had failed to look at the local government structures at the regional and district levels, saying that it would not be inclusive enough for people at the grass roots. The local government expert also said there was the need to take a second look at the RTI document to make room for checks and balances among the three arms of government and separation of powers.

Mr Osae added that the appeals process in an RTI regime should not be limited to the High Court as was the case with the bill at its current state, saying that there was the need to extend to magistrate courts to make that service accessible to many citizens.

Widen scope

The Head of department of Public Law at the Ghana Institute of Management and Public Administration (GIMPA) Law School, Mr Edmund Foley, said some problematic clauses in the RTI bill had implications on national development and ought to be dealt with.

He added that an RTI law ought to live alongside other laws in the country.

Source: ghanaweb.com

Related projects

Our pathway to creating an Independent National Entity

A key component of STAR-Ghana phase 2 is our transition from a donor-funded programme into an Independent National Entity with a diversified and sustainable funding stream – a Ghanaian owned, strategic and fundable organisation. On our journey towards this new autonomous institution we have undertaken a series of consultations with civil society and other stakeholders to gather views on the nature and design of the entity, and to ensure buy-in and broad national ownership.

In 2017, we began the process by consulting directly with 700 people nationwide – through regional meetings open to public participation – and an additional 1500 people indirectly through social media surveys and other submissions. The consultations focused on five key areas, related to the establishment and sustainability of the new entity.

Relevance and demand for the entity

Nature, orientation, structure and functions of the entity

Relationships with national-level actors

Relationships with development partners and international development organisations

Financing and resourcing options

STAR-Ghana has been analysing the perspectives, positions and submissions from our stakeholder consultations, using the emerging insights, propositions and consensus to engage in more targeted deliberations with nationally recognised civil society leaders and thinktanks. We have also held internal deliberations about the nature and governance of the entity and gained further insights through discussions with stakeholders at other key events such as the STAR-Ghana Annual Review and Strategic Learning Event. A strong consensus has emerged among all stakeholders, endorsing the establishment of an Independent National Entity that would coordinate civil society voice and action on good governance, transparency, accountability and social inclusion across a range of thematic areas and sectors.

The new entity will continue the ambitious journey of the STAR-Ghana programme, building on the important gains, lessons and track record of our work so far. A wide majority of civil society stakeholders recognise that STAR-Ghana has become much more than just a grant-maker. It has developed, and is now operating as, a hybrid model that combines strategic grant-making with roles as a convener, catalyst, coordinator and facilitator of learning of civil society in the promotion of active citizenship and transformational change in Ghana. If you have been part of the consultations so far, the STAR-Ghana team would like to say a big and heartfelt thank you for your interest, insight and support up to this point, and we encourage you to stay with us on this important journey.

Our Decision

After an intensive period of planning and public consultations, in 2018 STAR-Ghana will establish itself as an independent, Ghanaian-owned and led Public Trust that will be a national centre for active citizenship, civil society and philanthropy. We will be a wholly Ghanaian entity by 2020. Stakeholders have welcomed STAR-Ghana’s mission-driven commitment to grow the resource-base for CSOs and to strengthen social change philanthropy in Ghana.

Our 3Cs and L approach

STAR-Ghana is well-positioned to provide fresh leadership to respond effectively to civil society’s challenges and opportunities through its 3C&L approach.

There is strong agreement about this approach and the grant-making functions of the new entity. Stakeholders see these functions as filling critical gaps in the civil society space. By performing these roles and being proactive in addressing other emerging issues, the entity will add value to the work of most CSOs.

The Independent National Entity will:

Combine strategic grant-making with working with/coordinating other CSOs

Maintain strategic 3C&L approach

Build capacity of CSOs and build social movement

Provide thought leadership on sustainability & social justice

Be a voice of civil society

Add value without competing with CSOs

Be non-partisan

With Ghana’s growing economy, expanding middle class and prospects of new revenue streams, the context is ripe for such a trust which can add value, authenticity and legitimacy to efforts aimed at strengthening citizen action. It will also challenge dominant patterns and perceptions of control of the development agenda, addressing the key needs of the civil society sector in a post donor-aid environment.

STAR-Ghana has a distinctive reputation, track record and relationship capital and as a Public Trust we would be uniquely positioned to act as a broker of dialogue, collective action, partnerships and learning among CSOs and across sectoral divides. We would help address a critical gap in leadership for sustainability, nurturing a more resilient civil society sector and mobilising long-term resources for civil society activism.

We will build a sustainable national institution and funding stream for active citizenship work in Ghana, with a distinctive ‘added value’ that sets us apart from other programmes, organisations and actors. We will meet the need for an independent institutional platform to provide high quality local leadership, capacity and support beyond the life of current donor funding.

Structure of New Entity

Ownership: Trustees hold the entity for and on behalf of civil society and CSOs to initiate the genesis

Legal form: We propose the entity to be a Trust registered as a Company Ltd by Guarantee

Governance arrangements

Advisory board

Trustees

Secretariat

Constituencies/Partners

Periodic meetings

What were the other options

Before coming to its decision around becoming a Public Trust, STAR-Ghana assessed several other forms of organisational set-up proposed during the stakeholder consultations:

An umbrella membership organisation of CSOs with regional and district offices, and whose members pay dues or subscription fees

A federation of CSOs organised thematically and made up of existing coalitions and networks of CSOs

A ‘National Commission of CSOs’ that provides regulatory, capacity building, and quality assurance services, in addition to enabling CSOs to have improved accesses to funds, policy review forums, etc

Identifying and electing Trustees

As a Public Trust, it is envisaged that the new Independent National Entity will, legally speaking, be owned by a Board of Trustees, numbering between seven and nine members in total.

This board will be made up of Ghanaians who are known to have credibility, public standing, qualifications and track record to command the respect and acceptance of civil society, government and other key stakeholders. The Trustees will be eminent individuals who can be trusted to honour, protect and advance the entity’s vision and mission. They would be people with a reputation for integrity and financial probity, capable of acting as trusted custodians of the entity’s resources and programmes. They would be chosen for their ability to oversee and support a cost-effective and compact secretariat and management team.

We want to involve STAR-Ghana’s stakeholders in the identification, selection and approval of the founding Trustees, by asking you to help identify criteria for the selection of potential Trustees. These criteria may include credibility with various categories of stakeholders in the field of governance, accountability, transparency, gender and social inclusion. Trustees may come from a range of the following fields or backgrounds: academia, research organisations and thinktanks; development communications and the media; gender equality and social inclusion; legal experience on issues concerning civil society organisations, non-profits, human rights, employment and commercial law; financial management, accounting, fund management and donor reporting relevant to non-profits; philanthropy, fundraising, financing and investment strategies; CBOs/CSOs who function predominantly at the community and district levels; faith-based organisations; professional bodies; private sector, business and social entrepreneurship. But it is critical to note that Trustees will not be official representatives of any identifiable groups of stakeholders.

STAR-Ghana may seek to include some suitably qualified members of its Steering Committee as candidates for the Trustees.

If you have suggestions for the criteria for the selection of Trustees of the new entity please contact us at No 12, Obenesu Crescent, East Cantonments, Accra, Ghana, by phone on +233 (302) 774488 or email info@star-ghana.org

Next steps and key dates

June-October 2018

Robust testing and fine-tuning, with a view to agreeing on ownership, operational mechanisms and financing strategy

Identification of Trustees and Board

Legal registration of INE as a Public Trust

October 2018:

Launch of new entity as Public Trust

From 2019-2020:

Operational, but in a period of incubation with support and advice from current STAR-Ghana consortium and donors

On 4th June 2018, STAR-Ghana held a two-hour Dialogue Event on the theme ‘Resourcing active citizenship: Driving Innovation for Resource Mobilisation and Sustainability in Ghana’. The Dialogue Event was in line with activities spear heading the programme’s transition from a donor-funded project, as currently sponsored and organised, into an Independent National Entity (INE) and to take forward the conversation on innovative resource mobilisation for sustainability, drawing on the expertise of experienced leaders in the field.

Abigail Burgesson (Special Programs Manager, African Women’s Development Fund) spoke about ‘Developing an individual donor base.’ Karen Shormeh Sai (Director, the Resource Mobilization Centre), gave a reflection on ‘Unlocking the potential of private sector philanthropy.’ Isaac Ofosu Debrah (National Coordinator, SDG Philanthropy Platform, Ghana) discussed ‘Mobilising philanthropic and foundation support for active citizenship in Ghana.’ The event was attended by about 40 participants from across the civil society community and was moderated by Dr Esther Ofei-Aboagye, Chair of the STAR-Ghana Steering Committee.

In her remarks on developing an individual donor base, Abigail Burgesson observed that Ghanaians have a culture of giving and mutual support that tends to focus on the extended family, religious communities, school networks and charitable causes like clinics, humanitarian emergencies, child welfare and so on. There is less of a focus on giving to long term development and social change work. These needs, and support to local civil society development organisations, have been largely left to international donors and government. Abigail highlighted the need for a fundamental shift in thinking and attitudes among Ghanaians towards local giving to support social justice work.

Addressing the question of private sector support, Karen Shormeh Sai emphasised the need for CSOs to do their homework and spend time on researching potential partners. Simply sending generic funding proposals to business and corporate donors is unlikely to work. Increasingly, corporates are looking for partnerships not just a place to give many. There is a need to engage with business partners from the beginning of a project or programme, involving them in ‘co-creation’ and nurturing ‘co-ownership’ of initiatives. As CSOs, we need to be clearer on what we have to offer to corporate partners. We must look for possible corporate support that goes beyond money such as technical assistance, knowledge and expertise, marketing skills, communications capacity, and IT support. Private sector leaders often welcome the chance to serve on CSO boards and advisory structure.

Amplifying similar comments from Abigail and Karen, Isaac Ofosu Debra focused on the critical problem of the weak enabling environment for philanthropy in Ghana. He called for a ‘joined up platform’ to grow philanthropy in the country. There are some encouraging developments. There is a growing number of philanthropy networks, like the Ghana Philanthropy Forum, the SDG Philanthropy Platform and the recently formed Venture Philanthropy Forum.

The African and international landscape of funding and philanthropy is changing. We need to understand and adapt to these changes – and we must undertake more careful donor research when we are seeking to diversify our support base. Some donors are thinking beyond grants and endowments funding towards impact investing. ‘Crowd-sourcing’ and ‘crowd-funding’ are on the rise and would hold real promise if the right ‘architecture’ for philanthropy and social investment were in place.

Drawing out salient points from the panel reflections, STAR-Ghana Chair Esther Ofei-Aboagye observed that careful messaging is critical for effectively resource mobilization, along with diligent research and proper targeting. We need to shift from ‘grant-seeking’ to ‘partnership-building,’ convening and catalyzing opportunities to bring potential partners together. We must also explore opportunities for non-financial support from the private sector and others. Esther noted the shared call from all speakers to prioritize work on a stronger architecture and enable environment (this has already been taken up by STAR-Ghana and WACSI in their joints convenings around the NGO Bill).

In the group dialogue that followed the panel conversation, key discussion points and questions focused on:

What is the state of online giving in Ghana?

How can STAR-Ghana leverage existing official donor support (from DFID, EU and Danica) to raise new funds?

How can we ‘tell a new story’ to potential supporters in a different way?

How can we engage religious organizations in Ghana around giving to development and active citizenship?

Social Inclusion Training for Programme Management Team

A three (3) day workshop on Social Inclusion (SI) has been held for the STAR-Ghana Programme Management Team (PMT) in Accra. The purpose of the workshop was to increase the understanding, confidence and effectiveness in SI programming among the PMT.

In August 2017, STAR-Ghana conducted a Gender Equality and Social Inclusion (GESI) audit in which the operationalization of the principle of ‘GESI at the heart of STAR-Ghana’ was critiqued. Generally, while there was considerable evidence in support of STAR-Ghana’s advancement of GESI in the different arms, a few pointers were highlighted for improvement.

At a PMT validation meeting, some recommendations were made. Key among them was the need to clarify STAR-Ghana’s expectations of staff in relation to GESI and supporting them to meet same. To ensure that the PMT understand and implement these effectively, a Social Inclusion (SI) Tool Kit was developed with support from Social Development Direct (SDD), a consortium partner of the STAR-Ghana Programme.

The PMT reviewed the SI Tool Kit and among others shared practical, easy-to use tools for SI, and practised the embedding of GESI in different work streams within the STAR-Ghana programme. The Team was privileged to have Mr Alex Bankole Williams of the University of Ghana Assistive Tecnology Lab, and Member of the Ghana Federation of Disability Organisations (GFD). Mr Williams highlighted key protocols that need to be observed in programming to achieve optimum inclusion.

Participants at the event included the STAR-Ghana PMT, a representative of SDD and Staff of Christian Aid Ghana Country office.